Terms of service

TERMS OF USE OF ROCKEFELLER PLATFORM OF TRADE OF DEBTS

§ 1 General provisions

  1. The following Terms of Use determine the terms and conditions of use of the rockefeller.com.pl platform by the Users.
     
  2. The Organizer of the service is Look Pożyczka limited liability company with a registered office at 42-200 Częstochowa, Okulickiego 61, entered in the Register of Entrepreneurs maintained by the District Court in Częstochowa, XVII Commercial Division of the National Court Register under the KRS number: 0000394817, NIP: 5732835416, REGON: 2426422600, share capital 500.000,00 PLN (five hundred thousand zlotys) paid in full.
     
  3. The service may be used by natural persons not conducting business or professional activities as well as natural persons conducting business or professional activities, legal entities and organizational units without legal personality. Individuals may only use the service if they have full legal capacity (adults). 
     
  4. Within the framework of the rockefeller.com.pl platform, the Organizer offers the Users the possibility of purchasing the Organizer’s debts owed to the Organizer by the Borrowers, in accordance with the terms set forth in these Terms of Use and further documents available at rockefeller.com.pl in the Documents tab.
     
  5. Using the full functionality of rockefeller.com.pl requires conclusion of an agreement with the Organizer - Look Pożyczka limited liability company, by registering a User Account at rockefeller.com.pl. By completing registration you agree to the provisions described in these Terms of Use. The Organizer will send the User a confirmation of the conclusion of the agreement to the email address provided by the User during registration. 
     
  6. Using the rockefeller.com.pl site requires Users to have an internet browser with enabled cookies. 

§ 2 Definitions

  1. For the purposes of these Terms of Use, the following definitions shall apply: 
  • a) Organizer - Look Pożyczka limited liability company with a registered office at 42-200 Częstochowa, Okulickiego 61, entered in the Register of Entrepreneurs maintained by the District Court in Częstochowa, XVII Commercial Division of the National Court Register under the KRS number: 0000394817, NIP: 5732835416, REGON: 2426422600.
  • b) Borrower – a natural person whose debt under a Loan Agreement is owned by the Organizer.
  • c) Deposit - the amount of cash transferred by the Borrower to the Organizer’s bank account as a repayment of the granted loan.
  • d) Loan agreement - cash loan agreement between the Organizer and the Borrower.
  • e) User - the user of rockefeller.com.pl meeting the conditions described in § 1 sec. 3 of these Terms of Use. 
  • f) User Account - account registered by the User at rockefeller.com.pl, where after acceptance of these Terms of Use, the User provides the required data what enables the User to use the full functionality of the platform. 
  • g) Sale of property rights - transferring to the User, on the basis of the assignment of debt agreement, the claim for loan repayment, which the Borrower owes to the Organizer.
  • h) Return of Capital Program (RCP) – optional, additionally paid protection of capital available for the Users when they purchase a particular Loan Agreement for which the Terms and Conditions of the Return of Capital Program are applicable. The document is available for the Users prior to using this protection methos and can be found at https://rockefeller.com.pl/page/regulamin-program-zwrotu-kapitalu/
  • i) Request for Return of Loan Agreement Documentation - the User, 30 days after making a purchase of a debt at rockefeller.com.pl, has the right to request the documents of the Loan Agreement to be returned by the Organizer, via the panel available in the User Account. The option is disabled for Users who use the Return of Capital Program.
    In the event of such request by the User, the Organizer shall immediately send to the User, to his or her postal address provided in the User Account, the documentation which constitutes the Loan Agreement together with the signed contract of sale of property rights. The Organizer shall inform the Borrower of the above. The cost of returning the documents is borne by the Organizer. Provisions of § 5 sec. 3 of these Terms of Use apply accordingly. 
  • j) Debt Collection - actions taken by the Organizer and authorized entities to collect the amount of the loan granted to the Borrower. The Organizer shall perform debt collection actions for a period not exceeding 3 months from the due date of the last instalment defined in the Loan Agreement. All debt collection actions taken by the Organizer in relation to a given Loan Agreement are visible in the User Account. After the debt collection period, the Organizer will send to the User’s postal address, provided during the registration of the User Account, the documents constituting the Loan Agreement together with the signed by the Organizer, or the authorized person, the assignment of debt agreement. The latter does not apply if the User is using the Return of Capital Program, the rules of which are described in separate Terms and Conditions. 
  • k) Rockefeller - rockefeller.com.pl web site where the Organizer sells debts  belonging to them and resulting from Loan Agreements granted to the Borrowers by the Organizer. 

§ 3 User Responsibilities

  1. The User, when registering an account, is obligated to indicate his or her correct, real and up-to-date personal details, along with the correct number of his or her bank account number. Providing the correct details by the User during account registration is necessary for the conclusion of an agreement between the Organizer and the User.

 

  1. If any details provided by the User during registration of the User Account change, the User is obliged to update them immediately. 

 

  1. The User is obligated, in case of choosing a debt placed for sale by the Organizer under the rockefeller.com.pl platform, to immediately pay the purchase price which is shown in each offer on the site rockefeller.com.pl. 

 

  1. In the event of the User choosing, together with the acquired property right, additional capital protection in the form of the Return of Capital Program, the User is required to familiarize himself or herself with the Terms and Conditions of the RCP. Acceptance of the contents of these terms and conditions is voluntary, however, necessary to purchase the protection provided under the RCP. 

 

  1. In case the Borrower fails to repay part or all of the instalments under the Loan Agreement, the User obliges the Organizer to collect the debt owed by the Borrower.

 

  1. In the event the User purchases an optional protection in the form of the Return of Capital Program, the rights and responsibilities of the Organizer and the User are defined by the Terms and Conditions of the Return of Capital Program which, if may be in conflict with these Terms of Use, will take precedence over any possible contradictions.

§ 4 Organizer Duties

  1. The Organizer undertakes to place for sale at rockefeller.com.pl the debts belonging to them from loans granted to Borrowers under Loan Agreements. The debts placed for sale constitute the sales offer.
     
  2. In case the User accepts the debt sales offer, the Organizer is obligated to immediately sell the property rights resulting from the Loan Agreement concluded with the Borrower, on the basis of a contract of sale of property rights. 
     
  3. In the event that the Borrower repays in full or partially the due instalment under the Loan Agreement or the Borrower repays the whole or partial amount of the loan amount to the Organizer after concluding a contract of sale with the User, the Organizer undertakes actions to immediately transfer the repaid amount, either full or part instalment amount or the whole loan amount, to the bank account indicated by the User in the User Account. 
     
  4. In case of delay in repayment of the loan by the Borrower, the Organizer is obligated to perform debt collection actions under the Loan Agreement. The cost of debt collection actions led by the Organizer related to the Loan Agreement shall be borne by the Borrower. 
     
  5. In case of ineffective debt collection actions or in case of a request made by the User to return the loan agreement documentation, the Organizer is obliged to return the documents that constitute the Loan Agreement by sending them together with the signed contract of sale of property rights to the postal address indicated in the User Account. Moreover, the Organizer undertakes to inform the Borrower of the transfer of property rights to the User. 

§ 5 Organizer Scope of Responsibilities

  1. The Organizer may perform actions described in these Terms of Use in person or through cooperating third parties or employees, for whose actions and omissions towards the User, the Organizer answers as for their own actions and omissions.
     
  2. The Organizer sells within the rockefeller.com.pl platform the owned debts arising from granted Loan Agreements. The Organizer, before granting them, exercises due diligence in the scope of assessing the Borrower’s creditworthiness and securing the repayment of the loan; however, the Organizer shall not bear the liability to the User for the Borrower’s solvency unless the insolvency resulted from reasons that the Organizer could and should have foreseen as an entity running a professional activity in terms of granting consumer credits.  
     
  3. If the User submits a Request to Return the Loan Agreement Documentation, he or she, with the date of receipt of the documentation, relieves the Organizer from the obligation in terms of debt collection, as well as any other duties resulting from the loan management. 

§ 6 Complaints 

  1. Complaints can be filed:
  • a) in writing, personally at the Organizer’s premises or by post to the Organizer’s address, i.e. Look Pożyczka Sp. z o.o., 42-200 Częstochowa, Okulickiego 61;
  • b) by electronic means, via the contact form available at https://rockefeller.com.pl/contact/ or via email kontakt@rockefeller.com.pl
  • c) by phone, at +48 789 449 449 between 8 a.m. and 4 p.m. Monday to Friday (cost of the call at the rates appropriate for the User’s telecommunications operator). 
  1. The complaint should contain a brief description of the objections raised by the User and his or her request, and if it was submitted by means described in § 6 1a of these Terms of Use, it should also contain the User’s postal address. If the circumstances indicated in the complaint need to be supplemented, the Organizer will ask the User to supplement them.  
     
  2. The complaint will be processed within 14 days from the date of its receipt by the Organizer in the correct form that allows to respond to the complaint with information about how it will be handled. The response to the complaint will be provided in the same form in which the User has made a complaint, unless the User has requested a different and, at the same time, possible way of answering.  

§ 7 Personal Details 

  1. The Organizer is the administrator of the personal details provided by the User - Look Pożyczka Spółka limited liability company with a registered office at 42-200 Częstochowa, Okulickiego 61, entered into the register of entrepreneurs, maintained by the District Court in Częstochowa, XVII Commercial Department of the National Court Register, under KRS number: 0000394817, NIP: 5732835416, REGON: 2426422600. The User’s personal details will be processed for the purpose of implementing the agreement between the User and the Organizer. The User has the right to access, correct and update his or her personal details. 
  2. The Organizer is the administrator of the Borrower's personal details, with a legal title for their processing. 
     
  3. The detailed provisions regarding personal data protection under rockefeller.com.pl are specified in the privacy policy available at: https://rockefeller.com.pl/page/polityka-prywatnosci/

§ 8 Final Provisions

  1. The User is obliged to abstain from any activity against the law or good manners, as well as any actions that violate personal rights of others or conflict with the well-being of the Organizer and the rockefeller.com.pl platform. In particular, the User undertakes to refrain from actions contrary to these Terms of Use, including the provision of false personal details and the use of funds obtained from unlawful sources, which may result in the limitation or block of the User Account by the Organizer. 
     
  2. Amendments to the provisions of these Terms of Use can be made by the Organizer for a valid reason. The Users will be informed about the planned amendments at least 14 days in advance before they are to come into force, by email sent to the email address provided in the User Account. The information about the coming amendments to the Terms of Use will also be clearly visible in the individual User Account. 
     
  3. Amendments to the Terms of Use will bind the User from the date of their entry into force unless he or she objects to the notice within 14 days of the notice about the amendments being sent to the User. Objections must be submitted by post to the address of the Organizer or via the contact form available at https://rockefeller.com.pl/contact/. Submission of the objections by the User will result in the termination of contract for providing services by electronic means, effective on the day preceding the changes to come into force. 
     
  4. The User has the right to discontinue to use the rockefeller.com.pl platform at any time provided that at the same time the User does not have any loans purchased, debt collection actions in progress or the Return of Capital Program active. A statement of termination of contract for providing services by electronic means may be submitted via the contact form available at https://rockefeller.com.pl/contact/, as well as by post to the Organizer’s premises indicated in the Terms of Use. 
     
  5. The User being a Consumer has the right to withdraw from the contract within 14 days of its conclusion. The right of withdrawal is made by submitting a declaration of withdrawal to the Organizer, the model of which can be found at https://rockefeller.com.pl/page/dokumenty/. The declaration can me submitted, inter alia, by electronic means - using the contact form available at rockefeller.com.pl. 
     
  6. Any regulations referred to in these Terms of Use and posted on rockefeller.com.pl form an integral part of the terms of using rockefeller.com.pl platform. 
     
  7. The law applicable to the settlement of any disputes arising from the application of these Terms of Use is the Polish law. The competent court to hear disputes will be the general court according to the provisions of the Polish Code of Civil Procedure.  
     
  8. The User being a Consumer is also entitled to use non-judicial means of asserting a claim, in particular from the Permanent Consumer Arbitration Court at the Voivodeship Inspectorates of the Trade Inspection. The User also has the option to request assistance from the appropriate local Consumer Ombudsman.
     
  9. In matters not regulated by these Terms of Use, the provisions of the Polish Civil Code and other applicable laws shall apply. 
     
  10. If any part of the Terms of Use is found to be invalid or ineffective in the light of applicable law, that part should be interpreted in such a way that it complies with the applicable law and reflects as closely as possible the intent of the provision in question. The remaining parts of the Terms of Use remain in full force and are fully effective.